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Past presence test for DLA
Scenario : Disabled child comes to Britain from Common Travel Area, parents were receiving domicillary care allowance for the child in Southern Ireland
The Child is Southern Irish
One parent is S. Irish and is now working in Britain
Other parent is British
The child is not under any exceptions re age etc
I also saw via the Irish Social Protection service website
that since 17/7/14, their allowance is no longer exportable
So my question is does the child come under the 104 week past present in Britain requirement or, is there a part in the reciprocal agreement with Ireland that by passes this ?
Or, maybe i overlooked something else ?
As always, many thank in advance
For what it is worth (off the top of my head) I would say the past presence test is satisfied (due to the period they lived in the Republic of Ireland) and as parent is now working/paying NI in the UK the UK has become the ‘competent state’. In which case child should be entitled to DLA….